Smoke Alarm Legislation

Frequently Asked Questions

Is it law for residential properties to have mains
powered smoke alarms installed?
Residential properties that are subject to sale, transfer of
ownership, rent or hire are required under the Building
Regulations 2012 to have compliant mains powered
smoke alarms installed:
prior the transfer of ownership,
where a dwelling is rented under a residential
tenancy agreement or made available for such
rental; or
made available for hire.
What is a compliant smoke alarm?
This means smoke alarms that are:
[a] in accordance with the Building Code of Australia
(BCA) applicable at the time of installation of the
alarms (the BCA specifies the minimum standards
and location with which smoke alarms must comply).
(Note: Dwellings approved for construction prior to
1 May 2015 do not have to comply with the BCA
requirement for smoke alarms to be interconnected);
and
[b] not more than 10 years old at the time of the
transfer of ownership, or making the dwelling
available for rent or hire; and
[c] in working order; and
[d] permanently connected to consumer mains power.
What types of dwellings require smoke alarms?
The Regulations apply to the following residential
buildings as classified in the BCA:
Class 1a - A single dwelling being a detached house, or
row of houses, duplexes, town houses, terrace houses or
villa units where attached dwellings are separated by a
fire resisting wall.
Class 1b - Includes the following:
boarding houses, guest houses, hostels or the like
in which not more than 12 people would ordinarily
be resident, and with a total area of all floors not
exceeding 300m; or

four or more single dwellings located on

one allotment and used for short term holiday
accommodation.
Class 2 - Dwellings such as apartments and flats in
a building containing two or more units.
Class 4 - A residential unit in a non-residential
building if it is the only dwelling in the building
e.g. a caretakers residence.
TRANSFERRING OWNERSHIP, SELLING OR BUYING
A PROPERTY
I am planning to sell my home. It does not have
any hard wired (mains powered) smoke alarms
installed. What am I required to do?
You are required to install mains powered smoke alarms
prior to the transfer of ownership (settlement).
I am thinking of buying a new house to live in.
Who has to fit the smoke alarms?
It is the responsibility of the vendor (seller) to install
smoke alarms prior to the transfer of ownership.
I am thinking of buying a house. How do I know if
the smoke alarms fitted are compliant?
When purchasing a home, buyers should check that the
smoke alarms are:
Permanently connected to mains power
Less than 10 years old
In working order
Correctly placed (please see DFES fact sheet for
placement of smoke alarms)
A mains powered smoke alarm will usually have a LED
indicator. Look for terms such as Mains or AC next to
the LED indicator.
I have recently taken ownership of a house and it
does not have smoke alarms fitted. What can I do?
Contact the prior owner (seller) and ask them to rectify
the situation. If they fail to comply with the requirement,
you must, within 12 months of the ownership being
transferred, install the smoke alarms to meet the
requirements. You may then recover reasonable costs in
court from the prior owner [Regulation 57(2)].
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THE REQUIREMENT FOR SMOKE ALARMS

Smoke Alarm Legislation

Frequently Asked Questions

RENTING OR HIRING
I own several dwellings that I rent and hire out.
What are my legal responsibilities in respect to
smoke alarms?
An owner who rents their dwelling under a residential
tenancy agreement, or hires their dwelling, is required
under the Regulations to have compliant mains-powered
smoke alarms fitted prior to making the dwelling
available for rent or hire.
Is there a requirement to maintain the smoke
alarms?
Yes. The Regulations require owners, who make their
dwellings available for rent or hire, to:
[a] ensure that each alarm installed in the dwelling is
in working order; and
[b] if an alarm was, at the time of its installation,
required to be connected to the mains power
supply, ensure that the alarm:
i. is permanently connected to the mains power
supply; or
ii. if the alarm is to be installed at a location in
the dwelling where there is no hidden space in
which to run the necessary electrical wiring
and there is no appropriate alternative location
- has a 10 year life battery that cannot be
removed; or
iii. if, in relation to the alarm, the use of a battery
powered smoke alarm has been approved (by
local government) under the Regulations, the
alarm must have a 10 year life battery that
cannot be removed; and

[c] ensure that each alarm installed in the dwelling i. has not reached its expiry date if one is
provided on the alarm; or
ii. is not more than 10 years old if no expiry date is
provided on the alarm.
It may be useful for people involved in the rent or hire
of a dwelling to document when the smoke alarms will
need replacing.
How do you maintain a smoke alarm?
The Regulations do not specify what is required in order
to maintain a smoke alarm in working order. DFES
recommends the following smoke alarm maintenance
routine for property owners / landlords:
Check the alarm(s) are firmly secured in the
correct location as per the Building Code of
Australia requirements. (Double sided tape is not
acceptable)
Check the required power source is connected
and operating. Where a mains powered smoke
alarm is installed, alarms will have a visual display /
light to indicate that mains power is connected and
this should be easily seen when standing beneath
the alarm
Test the smoke alarm during routine inspections, or
at least every six months
Check the smoke alarm(s) for a build-up of dust
and cobwebs
Vacuum around the smoke alarm vents with a soft
brush at least every 6 months
Use a surface insect spray around the smoke alarm
to prevent insects nesting inside
Check the smoke alarms are within their service
life. Smoke alarms require replacement every 10
years. The date for replacement is often located on
the unit
Replacing batteries annually, where appropriate.
Mains powered smoke alarms have back-up
batteries - they can either be a 9V battery which
requires to be changed annually while some
models have a rechargeable non removable battery
which does not need to be changed during the
life of the unit. * Always refer to the manufacturers
guide when selecting batteries and follow testing procedures
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In addition, action can be taken against the previous

owner by your local government and an infringement
notice issued or prosecution action taken. [Regulation 56].
There are significant penalties that may be imposed for
non compliance. Please note: this action does not result
in the smoke alarms being installed.
The best advice is to check with the vendor (seller) and
confirm that smoke alarms have been installed prior to
the transfer of ownership.

Smoke Alarm Legislation

Frequently Asked Questions

DFES recommends the following maintenance routine be

included in the Tenants Responsibilities:
Regular testing of the alarm (suggested monthly so
tenants are familiar with the alarm sound)
Not to tamper with alarm(s) or place any obstruction
to restrict airflow to the alarm(s), including paint
When maintaining your smoke alarm it is also important
to note the following:
Generally, smoke alarms will sound a regular
warning beep if the battery needs replacing. Refer
to manufacturers guide for exact warning details
Smoke alarms should never be painted
Contact the manufacturer or supplier with any
queries regarding your smoke alarm
Smoke alarm maintenance may require you to use a
ladder. Please take care.
I am a tenant moving into a rental property and
observe there are no smoke alarms fitted. What
should I do?
Speak to your lessor (landlord). The Regulations
require owners to have mains powered smoke alarms
installed in all residential properties that are subject to
sale, transfer of ownership, rent or hire.
If this does not resolve the situation, you should speak
to your local government who can inspect the property,
issue a rectification notice, infringement notice or
prosecute for any breaches. Significant fines or
penalties may be imposed for non compliance.
WHERE ARE SMOKE ALARMS REQUIRED AND WHAT
TYPE SHOULD BE FITTED?
How many smoke alarms will have to be fitted to
my house?
The number of smoke alarms you will require will

depend on the design of your property, in particular the

number of bedrooms, how far they are separated and
how many levels in your house.
Class 1a, Class 2 & Class 4 dwellings (including single
and multi-storey dwellings, duplexes, town houses,
terrace houses, apartments and residential units in a
building of another class e.g. a caretakers residence)
require smoke alarms to be installed on or near the
ceiling in:
[a] Any storey containing bedrooms
i. Between the bedrooms and the remainder of the
dwelling, and
ii. Where bedrooms are served by a hallway, in
THAT hallway; and
[b] Any other storey not containing bedrooms, in the
area of the stairway (exit path) between each level
Class 1b dwellings (boarding houses, guest houses,
hostels, holiday cabins) require smoke alarms to be
installed on or near the ceiling:
[c] In every bedroom, and
[d] In every corridor or hallway associated with a
bedroom, and
[e] Any other storey not containing bedrooms, in the
area of the stairway (exit path) between each level
I have three smoke alarms in a house that I rent
out to tenants, do they need to be interconnected?
Interconnection of smoke alarms, (where there is more
than one), is not required in existing dwellings (i.e.
those dwellings that were constructed or approved for
construction before 1 May 2015) that are subject to sale,
transfer of ownership, rent or hire. As the Lessor, you still
need to ensure that the smoke alarms are less than 10
years old, in working order and permanently connected
to consumer mains power.
Only new dwellings approved for construction on and
from 1 May 2015 will require interconnection of smoke
alarms.
What type of smoke alarms are the best to use?
Any smoke alarm used must conform to AS 3786. DFES
recommends you install photo-electric smoke alarms.
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This maintenance routine should be done at

each inspection or at intervals otherwise stated.
Please note: A licensed electrical contractor is
required to disconnect or install mains powered
smoke alarms. All other smoke alarm maintenance
does not require a licensed electrical contractor.

Smoke Alarm Legislation

Frequently Asked Questions

THERE ARE SMOKE ALARMS INSTALLED, DO THEY

MEET THE REQUIREMENTS?
There are more than two hard wired smoke alarms
installed and they have been fitted at different
dates. What date should I use?
If a dwelling has 2 or more smoke alarms installed
and they were not all installed at the same time, the
requirements that apply to the dwelling and the alarms are
the provisions of the BCA at the time the last smoke alarm
was installed.
The house has mains powered security system
installed which has a smoke detection function
incorporated. The system has a battery back-up
fitted at each smoke detector. Does this meet the
requirements of the regulations?
Smoke alarms connected as part of a security system
are acceptable as long as they conform to the following
requirements:
Smoke alarms must comply with AS 3786
Smoke alarms must be permanently connected
(hard-wired) to the mains power (requiring a licensed
electrician to install them) and not able to be isolated
from mains power if the security system is switched
off. The supplier or manufacturer would be best
placed to confirm whether the security system meets
these requirements
The location of the smoke alarms must comply with
the requirements of the Building Code of Australia.
The smoke alarms must be less than 10 years old.

How often should smoke alarms be replaced?

The Regulations require owners who rent or hire their
dwellings to ensure that the smoke alarms are replaced
every 10 years. However, owner-occupiers, who dont
intend to sell, rent or hire or transfer ownership, should
consider replacing their smoke alarms every 10 years.
Smoke alarms dont last forever even if they are 240 volt
mains powered!
Smoke alarms are manufactured to a standard that
requires them to perform for 10 years. After that time
smoke alarms may malfunction and their efficiency may
be compromised with accumulated dust, insects, airborne
contaminants and corrosion of electrical circuitry.
The limited lifespan of smoke alarms applies to ALL smoke
alarms regardless of power source (battery or 240 volt)
or the type of smoke alarm (ionisation or photo-electric/
photo-optical).
IT IS NOT PRACTICAL TO INSTALL A MAINS
POWERED SMOKE ALARM
There is no mains power available. Do I still have to
install smoke alarms?
Battery powered smoke alarms may be installed where
consumer mains power is not connected to the dwelling
or where there is no hidden space in the existing dwelling
in which to run the necessary wiring for hard wired smoke
alarms, for example where there is a concrete ceiling.
The use of battery powered smoke alarms in any other
circumstance must be approved by the local government.
(Battery powered smoke alarms must have a nonremovable 10 year life battery).
Owners should be aware that it is unlawful to install battery
powered smoke alarms just because it is more convenient
to do so.
I am selling an apartment in a block where the
ceiling is solid concrete. Do I have to install a hard
wired (mains powered) smoke alarm?
In dwellings where the construction of the building does
not permit a space to conceal the wiring and there is no
appropriate alternative location to install a mains powered
smoke alarm (such as the wall), then a smoke alarm
powered by a 10 year life non-removable battery is to
be used.
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Research indicates this type of alarm consistently provides

sufficient time for occupants to escape from smouldering
and flaming fires, provided the alarms are properly
installed and maintained and occupants hear them.
DFES also recommends that owners purchase smoke
alarms with the following features:
Hush (Silence) function
Test function
Rechargeable back-up battery

Smoke Alarm Legislation

Frequently Asked Questions

I am an owner or a lessor (landlord) and installing

a mains powered smoke alarm, and there are
other reasons of a structural nature that make this
impractical. Do I have to install smoke alarms?
You will require local government approval to install a smoke
alarm powered by a 10 year life non-removable battery.
Application for approval to install a smoke alarm powered by
a 10 year life non-removable battery must be made to your
local government. They will review the circumstances. You
will need to follow the local government process and this
may involve paying a fee no greater than $170 to process
your application. [Regulation 61].
I am selling a house that is likely to be demolished
after the transfer of the property. Do I have to install
mains powered smoke alarms?
The vendor must understand that a purchasers intention
to demolish the house does not remove their responsibility
to install smoke alarms in accordance with the Regulations.
This means the vendor will be in breach of the Regulations if
they have not installed smoke alarms prior to the transfer of
ownership.
MAINS POWER SMOKE ALARMS AND POWER FAILURE
How long will the back-up battery last upon failure of
the mains power?
Australian Standard Smoke Alarms AS3786-1993 specifies
that the stand-by power supply (that is provided to energise
the smoke alarm upon failure of the mains power) must be
capable of powering the smoke alarm without a fault signal
for at least 7 days, followed by 3 days with a battery fault
signal, and then also be capable of producing an alarm
signal for at least 4 minutes.

This is the minimum standard and many manufacturers

state that their batteries are able to provide more substantial
periods of back-up on mains power failure.
Consumers should be aware of the manufacturers
instructions for all smoke alarms and that rechargeable
batteries may require a few days to charge after the smoke
alarm is first being connected to the mains. During this time
an alarm fault signal may sound (i.e. a short beep) every
40 seconds for up to 2 hours whilst it is charging. This
condition may also apply to batteries that have been totally
depleted during a period of mains power failure.
Do I need to replace batteries in mains powered
smoke alarms after extended periods of mains
power outage?
Rechargeable lithium batteries
If a smoke alarm is subjected to many power failures for
extended periods of time over the life of the smoke alarm,
the rechargeable lithium cells may degrade and become
inoperable. A low battery fault signal will operate to alert
occupants that there is an issue with the battery. In this
case, it is not possible to change the battery and you will
require an electrical contractor to replace the entire smoke
alarm.
Many manufacturers provide a limited warranty on their
smoke alarms that may allow for repair or replacement
of the smoke alarm if a low-battery / battery-fault alarm
occurred within this warranty period if the unit had regular
mains power connected. Other manufacturers exclude
batteries from their warranty. Consumers should be aware
of the limitations of the warranty prior to purchase and
installation.
Non-rechargeable 9V alkaline battery
Smoke alarms which use a 9V alkaline battery as their
stand by power source require the battery to be replaced
each year (DFES suggests the 1 April) and when the low
battery indicator (chirp) sounds. In most models, the audible
chirping sound will also be accompanied with a flashing
LED signal. In replacing these batteries, use only 9V alkaline
batteries specified by the manufacturer. Use of a different
battery may have a detrimental effect on operation or may
cause the battery to explode resulting in injury or fire.

The information contained in this publication is provided voluntarily as a public service by the Department of Fire and Emergency Services (DFES). This publication has been prepared in good faith and is derived from sources believed to be reliable
and accurate at the time for publication. Nevertheless, the reliability and accuracy of the information cannot be guaranteed and DFES expressly disclaims liability for any act or omission done or not done in the reliance on the information and for any
consequences whether direct or indirect, arising from such act or omission. This publication is intended to be a guide only and readers should obtain their own independent advice and make their own necessary inquiries. Published April 2014

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Do I require a Licensed Electrical Contractor to install

a smoke alarm powered by a 10 year non removable
battery?
These smoke alarms do not require a licensed electrical
contractor to install, as they are not connected to the mains
power.